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Can I get House Arrest for a 3rd DUI if I'm a caregiver?

Tustin, CA |

I live with my disabled grandmother and am legally assigned by Medicare as her caregiver. I cook, clean, help her in and out of the shower etc. Can I get house arrest for a 3rd dui in this situation?

Attorney Answers 2


In Orange County, the DA typically wants jail time - 180 to 365 days, depending on the facts and how old your priors are.

Can something else be worked out? Quite possibly. There is no statutory bar to you being able to get house arrest or other alternative sentence. There are things that I would suggest you do even before your first court date to get yourself in the best possible position before going in to try and negotiate this with an attorney.

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There is no absolute (yes or no) answer to your question.

It is important to understand that the availability of an alternative sentence (such as house arrest) will depend upon several factors, including: (1) the surrounding facts and circumstances or your case and your prior criminal record: (2) whether the D.A. is in favor of an alternative sentence; and ultimately (3) it is in the judge's discretion whether to allow or deny an alternative sentence.

Certainly speak with your qualified criminal defense attorney about your circumstances as a caregiver (legally assigned by Medicare) and your care for your grandmother who is disabled. Your attorney will advocate on your behalf, in an effort to secure the alternative sentence of house arrest.

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